Campos-Chaves v. Garland
Consolidated with Garland v. Singh (22-884)
Holding
Because each of the aliens in this case received a proper notice for the removal hearings they missed and at which they were ordered removed from the United States, see 8 U.S.C. § 1229(a), they cannot seek rescission of their in absentia removal orders on the basis of defective notice under Section 1229a(b)(5)(C)(ii).
Judgment
Affirmed, 5-4, in an opinion by Samuel Alito on Jun 14, 2024. Justice Jackson filed a dissenting opinion, in which Justices Sotomayor, Kagan, and Gorsuch joined.
Jan 18, 2023Petition for a writ of certiorari filed. (Response due February 21, 2023)
Jan 18, 2023Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.
Jan 31, 2023Motion to extend the time to file a response from February 21, 2023 to March 24, 2023, submitted to The Clerk.
Feb 1, 2023Motion to extend the time to file a response is granted and the time is extended to and including March 24, 2023.
Mar 24, 2023Brief of respondent Merrick B. Garland, Attorney General filed.Jun 6, 2023DISTRIBUTED for Conference of 6/22/2023.
Jun 6, 2023Reply of petitioner Moris Esmelis Campos-Chaves filed. (Distributed)Jun 29, 2023DISTRIBUTED for Conference of 6/29/2023.
Jun 30, 2023Petition GRANTED. The petition for a writ of certiorari in No. 22-884 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jun 30, 2023Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 22-674. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 22-674. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jun 30, 2023As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
Jul 27, 2023Letter proposing a briefing schedule filed by the Solicitor General on behalf of the parties filed. VIDED.Aug 4, 2023The briefing proposal set forth in the Solicitor General’s letter of July 27, 2023, is adopted. The Solicitor General shall file a consolidated opening brief on the merits, limited to 17,000 words, on or before August 29, 2023. Any brief of an amicus curiae in support, or in support of neither party, shall bear a light green cover. Petitioner in No. 22-674 and respondents in No. 22-884 may each file a response brief on the merits on or before October 18, 2023, and the briefs shall bear light red covers. Any brief of an amicus curiae in support shall bear a dark green cover. The Solicitor General shall file a consolidated reply brief limited to 9,000 words. VIDED
Aug 29, 2023Brief of Merrick B. Garland, Attorney General filed. VIDED.Aug 29, 2023Joint appendix filed. VIDED.Sep 5, 2023Brief amicus curiae of Immigration Reform Law Institute filed. VIDED.Oct 18, 2023Brief of respondent Varinder Singh filed (as to 22-884).Oct 18, 2023Brief of petitioner Moris Esmelis Campos-Chaves filed (as to 22-674).Oct 18, 2023Brief of respondent Raul Daniel Mendez-Colin filed. (as to 22-884)Oct 25, 2023Brief amici curiae of National Immigrant Justice Center, et al. filed. VIDED.Oct 25, 2023Brief amici curiae of Forty-Two Former Immigration Judges and Members of The Board of Immigration Appeals filed. VIDED.Oct 25, 2023Brief amici curiae of Lucas Champollion, Brandon Waldon, Masoud Jasbi, Willow Parks, and Cleo Condoravdi filed. VIDED.Oct 25, 2023Brief amici curiae of National Immigration Litigation Alliance, et al. filed (11/1/23). VIDED.Oct 25, 2023Motion for divided argument filed by petitioner in No. 22-674 and respondents in No. 22-884. VIDED.Nov 6, 2023Motion for divided argument filed by petitioner in No. 22-674 and respondents in No. 22-884 DENIED. VIDED.
Nov 17, 2023Record requested from the United States Court of Appeals for the Fifth Circuit.
Nov 17, 2023Reply of respondent Merrick B. Garland, Attorney General filed. VIDED.Nov 17, 2023SET FOR ARGUMENT on Monday, January 8, 2024. VIDED.
Nov 30, 2023CIRCULATED
Dec 6, 2023Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available with the Clerk.
Jan 8, 2024Argued. For Merrick B. Garland, Attorney General: Charles L. McCloud, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For petitioner in 22-674 and respondents in 22-884: Easha Anand, Stanford, Cal. VIDED.
Jun 14, 2024Adjudged to be AFFIRMED (as to No. 22-674); REVERSED (No. 22-884 as to respondent Mendez-Colin), and VACATED AND REMANDED (No. 22-884 as to respondent Singh). Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Kavanaugh, and Barrett, JJ., joined. Jackson, J., filed a dissenting opinion, in which Sotomayor, Kagan, and Gorsuch, JJ., joined. VIDED.
Jul 16, 2024Judgment Issued.Recommended Citation: Campos-Chaves v. Garland, SCOTUSblog, https://www.scotusblog.com/cases/campos-chaves-v-garland/